PA: Def’s stop was on a ruse and there was no RS; apparent drug sale 5 weeks earlier not RS on day in question

Officers stopped defendant on the street, falsely claiming he was involved in a disturbance at a McDonald’s. The officer did know defendant was involved in a drug transaction five weeks earlier, but nothing on the day in question. Defendant’s stop was without reasonable suspicion. Commonwealth v. Parker, 2017 PA Super 132, 2017 Pa. Super. LEXIS 314 (May 1, 2017).

Defendant “argues that the search was not a valid search incident to arrest and that it was not a lawful inventory. The state agrees with defendant on both points, and concedes that the trial court erred in denying defendant’s suppression motion. We agree, accept the state’s concession, and reverse and remand.” State v. Scheler, 285 Or. App. 159, 2017 Ore. App. LEXIS 511 (April 26, 2017).*

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